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1. Parties: Identification of the funded party, the funder, and any other relevant parties to the agreement
2. Background: Context of the litigation, relationship between the parties, and purpose of the funding arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Funding Commitment: Specific details of the funding to be provided, including amount, drawdown conditions, and any caps or limitations
5. Return on Investment: Structure of the funder's return, including percentage of proceeds and priority of payments
6. Control and Conduct of Litigation: Decision-making rights and responsibilities regarding the litigation strategy and settlement
7. Obligations of the Funded Party: Key responsibilities and commitments of the party receiving funding
8. Obligations of the Funder: Key responsibilities and commitments of the funding party
9. Representations and Warranties: Key statements of fact and assurances from both parties
10. Confidentiality: Provisions regarding confidentiality of the agreement and litigation information
11. Termination: Circumstances under which the agreement can be terminated and consequences
12. Dispute Resolution: Process for resolving disputes between the parties to the funding agreement
13. General Provisions: Standard boilerplate clauses including governing law, notices, and amendments
1. Legal Professional Privilege: Specific provisions addressing the maintenance of legal privilege, particularly relevant when the funder needs access to privileged information
2. Insurance: Requirements for after-the-event insurance or other insurance arrangements, if applicable
3. Security Arrangements: Details of any security or charges over the proceeds, necessary when required by the funder
4. Multiple Proceedings: Provisions dealing with related proceedings or appeals, relevant when the litigation might involve multiple actions
5. Cross-Border Provisions: Additional provisions for cases involving international elements or multiple jurisdictions
6. Assignment and Syndication: Provisions allowing the funder to assign or syndicate its rights, when such flexibility is required
1. Schedule 1: Funding Details: Detailed breakdown of the funding commitment, including payment schedule and caps
2. Schedule 2: Project Budget: Detailed budget for the litigation, including legal fees and other costs
3. Schedule 3: Return Waterfall: Detailed structure of how proceeds will be distributed among parties
4. Schedule 4: Key Personnel: List of key contacts and their roles for both parties
5. Schedule 5: Reporting Requirements: Details of required regular reports and updates
6. Schedule 6: Form of Drawdown Notice: Template for requesting funds under the agreement
7. Schedule 7: Case Summary: Detailed description of the litigation case and merits
8. Appendix A: Power of Attorney: If required, formal authorization for certain actions
9. Appendix B: Solicitor's Certificate: Independent legal advice confirmation if required
Adverse Costs
Approved Budget
Award
Business Day
Case Management Conference
Claim
Commencement Date
Confidential Information
Court
Disbursements
Funded Party
Funder
Funding Amount
Funding Commitment
Investment Return
Judgment
Legal Costs
Legal Representatives
Litigation
Material Adverse Effect
Outcome
Permitted Purpose
Proceedings
Project Budget
Recovery
Settlement
Success Fee
Termination Date
Waterfall Payment
Conditions Precedent
Funding Commitment
Drawdown
Investment Return
Priority of Payments
Representations and Warranties
Undertakings
Control of Proceedings
Settlement
Confidentiality
Legal Privilege
Termination
Consequences of Termination
Assignment
Force Majeure
Notices
Costs and Expenses
Amendments
Waiver
Severability
Entire Agreement
Counterparts
Third Party Rights
Dispute Resolution
Governing Law
Jurisdiction
Financial Services
Insurance
Legal Services
Construction
Manufacturing
Mining and Resources
Technology
Real Estate
Healthcare
Retail
Energy
Infrastructure
Transportation
Professional Services
Legal
Finance
Risk Management
Compliance
Corporate Secretariat
Investment
Business Development
Operations
Strategy
Chief Legal Officer
General Counsel
Legal Director
Chief Financial Officer
Finance Director
Risk Manager
Compliance Officer
Corporate Secretary
Litigation Manager
Legal Counsel
Investment Manager
Fund Manager
Insolvency Practitioner
Commercial Director
Business Development Manager
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